9. The applicants (Desmond O’Reilly, James McGurren, Carol Moore, William Moore, Kevin Ludlow, Patrick Leddy, Patrick Brady and John Wilson) live in Belturbet, Ireland and all have homes, farms or business premises on a public road in Belturbet.
10.  On 21 July 1994 certain residents on the road (including the applicants) applied on an ex parte basis for leave to take judicial review proceedings. The relief sought was an order of mandamus compelling the Council to repair the road and put it in good condition, a declaration that the Council had failed in its statutory duty to maintain the road in good repair and condition together with damages for breach of statutory duty and costs.
11.  On 25 July 1994 leave was granted to apply for judicial review by way of an order of mandamus. By letter dated 4 August 1994 the applicants served the proceedings on the Council. On 5 December 1994 the Council served its statement of opposition. On 14 December 1994 the Council filed an affidavit of the County Engineer, on 20 February 1995 the applicants filed an affidavit in response, on 29 March 1995 the County Engineer filed a further affidavit and on 31 March 1995 the applicants filed a final responding affidavit. The pleadings thereby closed.
12.  On 4 and 5 April 1995 the application for judicial review was heard by the High Court.  Judgment was reserved.
13.  Some months thereafter, senior counsel for both parties requested an early judgment of the relevant High Court judge who indicated that she could not given the extent of her commitments.
14.  In November 1996 one of the applicants wrote to the President of the High Court requesting that arrangements be made to have the judgment delivered quickly. The President of the High Court responded that he would endeavour to have the judgment delivered speedily.
15.  By judgment delivered on 6 December 1996 the High Court made an order of mandamus requiring the Council to repair the road and to put it into good condition. The court found that the Council had a statutory obligation to repair the road and keep it in good condition and that the Council’s lack of resources could not constitute a defence. An order for costs was made in the applicants’ favour.
16.  The Council requested a stay on the order of the High Court and this application was adjourned until 20 December 1996, when the High Court judge ordered that execution on foot of the order be stayed for six months from the date of perfection of the High Court order, that any application for an extension of the stay be made to the Supreme Court and that, in the event of an appeal by the Council, the stay on the order for costs would remain pending final determination of the appeal.
17.  On 9 January 1997 the Council appealed to the Supreme Court. On 16 January 1997 the Council requested the applicants’ consent to the Council amending its notice of appeal. The applicants so consented.
18.  In 1997 the Council commenced repair work on the relevant road, which was completed by the end of 1998.
19.  On 11 March 1997 the Attorney General applied for liberty to appear as amicus curiae and be heard in the proceedings. By affidavit dated 1 May 1997 the applicants objected to the application and to the arguments the Attorney General was proposing to make. A hearing took place on this point on 22 July 1997 following which the Attorney General was given leave to appear and address the Supreme Court at the appeal hearing.
20.  A date for the hearing of the appeal was fixed for December 1997 but this was vacated to accommodate an urgent case. On 18 February 1998 the Supreme Court started but did not finish the appeal hearing. It could not finish it on the next day because of other pre-assigned business. The next available hearing date was over a year later on 26 February 1999. On that date the appeal hearing resumed and concluded. Although the repair work on the road had been completed by that time, the Supreme Court considered that the appeal should proceed given the public importance of the issues.
21.  On 17 June 1999 the Supreme Court delivered its judgment allowing the appeal. The court noted that the Council did not have the financial resources necessary to repair the estimated 600 roads in poor condition in the area and considered that the courts should not make orders of mandamus where it is acknowledged that the public authority did not have the resources to comply with the order and where the implementation of the order depended on the co-operation of other Government bodies.
22.  The case was adjourned to 22 June 1999 for submissions on ancillary orders to be made. On that day the Supreme Court confirmed its decision to allow the appeal. No order as to the costs (of the High or Supreme Court) was made so that the parties were responsible for their own costs.